THE NARS COSMETICS “15 DAYS OF WARHOL” CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The NARS Cosmetics “15 Days of Warhol” Contest (the “Contest”) is open to individuals who are at least 18 years of age. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply. Internet access and a valid Facebook account are required. Employees of NARS Cosmetics, any of its parent and affiliate companies, any of its agents or representatives involved in the production or development of the Contest as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, agent or representative are not eligible.
2. Sponsor and Administrator: The NARS Cosmetics Division of Shiseido Americas Corporation (“NARS Cosmetics”), located at 900 Third Avenue, New York, New York 10022 (“Sponsor”). Facebook is neither a sponsor nor an administrator of this Contest.
3. Agreement to Official Rules: Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Entrant further agrees to abide by Facebook’s Terms and Conditions of Service. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on December 4, 2012 and ends on December 18, 2012 (the "Contest Period"). For each day during the 15-day Contest Period, the applicable window of time in which to submit an entry (see below on how to enter) will be from 12:00:00 pm EST to 12:15:59 pm EST (the “Entry Window”). Sponsor is the official timekeeper of the Contest.
5. How to Enter: During the Contest Period, enter the contest by following the steps set forth below. This is the only method of entry.
(1) Become a fan of the official NARS Cosmetics Facebook page.
(2) Each day during the 15-day Contest Period, NARS Cosmetics will post on its Facebook page a different question about or inspired by iconic pop artist Andy Warhol (the “Daily Question”). Please refer to any and all instructions accompanying the Daily Question.
(3) You enter the Contest by posting your answer to the Daily Question on the NARS Cosmetics Facebook page wall. This is considered your entry.
(4) You may post your answer to the Daily Question only during that day’s Entry Window. Any postings made before or after the Entry Window will be considered invalid and voided.
(5) NARS Cosmetics will select one (1) posting per day as the “most creative” (see more on this in Section 6) and that posting will be the day’s winning entry.
(6) One entry per day per valid Facebook account is allowed.
Please be sure you are aware of the Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”).
Entrant Content Restrictions:
- The posting provided by the entrant and any related content (collectively, the “Content”) must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Content must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Content must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her entry or entries in the Contest;
- The Content must not contain images or artwork not created by entrant;
- The Content must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Content must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Content must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the entry is created.
All Content submitted as an entry in the Contest is and will remain the property of Sponsor. Submitting an entry constitutes an entrant’s consent for Sponsor to use, reproduce, modify, publish, create derivative works from, and display such entries, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional, marketing or advertising purposes. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries; all of which will be void.
Other than as expressly set forth herein, the use by NARS of any personal information (e.g. email address, name, hometown) divulged to NARS in connection with this Contest shall be governed by NARS’ Privacy Policy, which can be found at http://www.narscosmetics.com/privacy-policy.
6. How Winners are Determined and Notified. Each day during the 15-day Contest Period, NARS Cosmetics will select the posted answer (“entry”) that it determines is the most creative (in other words, the posting that most embodies, in a creative and unique fashion, the NARS style and spirit). All determinations by NARS Cosmetics are in its sole discretion, final and binding. Each winner will be notified via a Facebook message by NARS Cosmetics.
7. Winner Requirements: If winners cannot be contacted, or do not comply with these Official Rules, or the prizes are returned as undeliverable, potential winners forfeits the prizes. If potential winners are disqualified for any reason, the prizes may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, hometown, state, photo, entry, answer, Content and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Content and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Content for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winner accepts and acknowledges that Sponsor shall not be obligated to use the Content and that Sponsor in its sole discretion shall have the right to refrain from using the Content. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 8, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. All prizes to valid winners will be awarded within 1 â€" 2 weeks.
8. Prizes: There will be fifteen (15) total prizes awarded, one (1) prize for the winning entry on each day of the Contest Period. Each prize is the same and consists of a collection of three gift sets from the NARS Andy Warhol Collection: Silver Factory, Beautiful Darling and Edie. The approximate retail value (APR) of each prize is $324. Total APR for the entire Contest is $4860. Prizes will be shipped to the winners via Federal Express.
9. Release: By receipt of each prize, each winner agrees to release and hold harmless the Sponsor and its respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all eligible Contents received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Content process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Contents. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Content process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Contents, the announcement of the prizes or in any Contest-related materials ; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Contents or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Content.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
